1. Subject of the Contract
1.1 These general contract conditions, together with the financial and technical conditions stated in the information material (the “Contract”), regulate the provision of the indoona service (the "Service"), which allows users to send messages, make calls and video calls for free and/or at reduced rates from suitable mobile devices, PCs or other devices (the "Terminal"). The Service is provided by Tiscali Italia S.p.A. with single shareholder and registered office in Località Sa Illetta, S.S. 195 Km 2.300, 09122 Cagliari, tax code and VAT reg. no. 02508100928, registered in the Chamber of Commerce of Cagliari, Economic and Administrative Index no. 204250 (hereinafter “Tiscali”).
1.2 The Service includes a software application and, if requested and available, an additional number. The use of indoona assumes, depending on the selected product, the availability by the Customer of: 1) A suitable terminal, as shown in the information material and on the website www.indoona.com (the Website), 2) any hardware or software accessories, as stated in the information material and on the Website, 3) Tiscali SIM card or another SIM card of another active mobile communication operator, 4) Wi-Fi accessible coverage.
1.3 The Service complements the network of another mobile operator and does not replace the mobile communication service of the Customer. The Customer is aware that indoona does not prevent emergency calls being made but may not be able to provide information regarding the location of the call; in these circumstances, it is the responsibility of the Customer to communicate the place of origin of the call. With indoona some additional services and calls to some special numbers may not be available, without any liability being attributed to Tiscali. The Customer agrees that, in case of using the Service from other devices, the number corresponding to the SIM used for the registration will appear as the number of the caller.
2. Conclusion of the Contract and provision of the Service
2.1 Customers under 13 are not allowed to use the Service.
2.2 The Customer may demonstrate his/her willingness to conclude the Contract by means of distance communication or by other methods indicated by Tiscali from time to time. This demonstration of willingness constitutes an irrevocable proposal in accordance with article 1329 of the Italian Civil Code. The Customer assumes the responsibility of the accuracy and correctness of the data provided.
2.3 Tiscali reserves the right to ask the Customer to confirm, within the terms and by the methods indicated, the proposal made by electronic or telephonic means.
2.4 Tiscali will have the right not to accept the proposal and not to go ahead with the activation and provision of the Service where there is any circumstance which may constitute a risk for the regular fulfilment of the contractual obligations of the Customer or which may reasonably prevent or make the activation or the provision of the Service technically difficult, such as, for example, in the case of prolonged non-use of the Service for six months or more.
2.5The Contract will be considered complete when Tiscali informs the Customer of the acceptance of the proposal, including by electronic or telephonic means, or by activating the Service, which equates to acceptance by Tiscali of the Customer’s proposal.
3. Consideration and payment methods
3.1 The Customer undertakes to pay Tiscali what is stated in the Contract. The consideration may be of a prepaid nature or deferred and Tiscali may send an invoice.
3.2 When a pre-paid tariff plan is chosen, the Customer will make use of the Service within the limits of the pre-paid credit available. The top-up services (hereinafter the “Top-up”) may be made with a credit card on the Internet on the portal www.indoona.com or by other methods at various times indicated by Tiscali. Additional charges are not applied for the Top-up, the execution of which will be confirmed with the sending of an sms or by another method indicated by Tiscali. If the remaining credit is not sufficient to cover the fixed costs stated in the Contract, the Service will automatically be suspended, without prejudice to the right of Tiscali to send a communication of notice. Tiscali will charge the costs not covered by the remaining credit to the following Top-up. Once 12 months have passed from the activation date (without top-ups being made) or from the date of the last top-up, Tiscali may consider the Contract terminated, with the expiry of any remaining credit. The credit will be de-activated, following notice being given, in the case of persistent non-use for more than 180 days, or in the case of no top-up being made for the same period of time. The Customer will have the right to request its activation in the ways and times indicated as obligatory in the commercial conditions, which should be referred to for further information.
3.3 The Customer, upon request, will have an automatic self-top-up service available ("Automatic Top-up"), or the possibility of using automatic top-up services with the pre-paid amount chosen being charged, to which the Customer hereby consents, upon the occurrence of a preset event. The Automatic Top-up may be activated on reaching a pre-defined minimum traffic threshold ("Automatic Top-up Threshold") or by time according to the parameters indicated by Tiscali. The execution of the Top-up service will be confirmed by the sending of an sms which confirms the top-up has been made to the mobile device of the Customer or by another method indicated by Tiscali.
3.4 Where a subscription tariff plan is chosen, the Customer undertakes to pay, in compliance with the financial conditions prepared by Tiscali, the amounts shown on the invoice within the terms set out therein. The payment must be made according to the method chosen by the Customer from those made available by Tiscali.
3.5 5 In case of non-payment, or partial payment of the consideration due, Tiscali will charge the Customer default interest in the measure equal to the legal rate increased by five percentage points and in any case not above the rate determined in accordance with Italian Law 108/96. In addition, Tiscali will have the right to suspend the provision of the Service if a term of 7 days has passed from the receipt of the written payment notice without the payment being made. If the Customer does not arrange the payment of the amount for which a reminder has been sent within 30 days of the suspension, Tiscali will have the right to terminate the Contract in accordance with article 1456 of the Italian Civil Code, without prejudice to further legal recovery action.
4. Duration – Renewal - Withdrawal
4.1 Without prejudice to what is set out in article 3.2 and subsequent paragraphs, the Contract is open-ended and starts from the date of activation of the Service.
4.2 The Customer may withdraw from the Contract at any time, by informing Tiscali with at least 30 (thirty) days’ notice by sending a duly signed request to end the contract, together with a copy of an identity document, through the appropriate section of the website set up by Tiscali. If the Customer exercises the withdrawal during the first year of duration of the Contract, Tiscali may ask for the reimbursement of any costs not yet recovered by it, according to what is stated in the appropriate section of the Website.
4.3 In the case of conclusion of the Contract away from the commercial premises or by distance selling, the Customer may exercise the right of withdrawal, without any penalty due, by informing Tiscali within 10 days of the date of conclusion of the Contract by sending a registered letter with return receipt to the contact details indicated in article 7 below.
4.4 When the Contract ends, for whatever the reason, Tiscali will make the additional number associated with the Service inactive and may assign it to other customers, in order to ensure an efficient use of the numbering resources.
5. Method of providing the Service, malfunctions and complaints
5.1 The Service does not include the provision of any hardware and therefore there is no guarantee in this regard. Tiscali provides no guarantee of good functioning and services relating to the Software.
5.2 Tiscali undertakes to provide the Service in compliance with what is established in the Service Charter, available on the Website. Tiscali will not be responsible in the case of delays, malfunctions and/or interruptions to the provision of the Service caused by: (a) force majeure, (b) tampering or actions carried out on the Service or its equipment, including the Software, provided by Tiscali, carried out by the Customer or by unauthorised third parties, (c) incorrect use of the Service by the Customer, (d) problems attributable to the Wi Fi network, the ADSL network or to other communication networks and/or connectivity used by the Customer or a malfunction of the hardware and software equipment used by the Customer.
5.3 In addition, Tiscali will not be responsible to the Customer, and to the parties connected to the Customer itself, for damages or costs sustained as a result of suspensions or interruptions of the Service unless they are directly attributable to the misconduct or gross negligence of Tiscali.
5.4 If the Customer should encounter the non compliance by Tiscali of the published quality levels of the Service, it must submit a complaint by the methods stated in the Service Charter. The Customer undertakes to promptly inform Tiscali of all disruption.
6. . Improper use of the Services, Suspension and Termination of the Contract
6.1 The Service is provided by Tiscali for personal and not professional and/or commercial use. The Customer will not use the Service to make communications that cause damage or a nuisance to communication operators and other users in general, or that violate the laws and regulations in force. In each case, the Customer assumes the full responsibility for any use of the Service by third parties and will adopt every necessary precaution.
6.2 The Customer guarantees that any communication made with the Service takes place under his/her exclusive responsibility and that the Service is not used against legal provisions or to cause offence or harm to third parties, undertaking to indemnify Tiscali and hold it harmless against any harmful consequence.
6.3 Tiscali may suspend, including partially, at any time, the provision of the Service, even without giving notice, in the event of network breakdowns and breakdowns to the technical equipment, of its own or of other operators. Tiscali may suspend the Service if the Public or private Authorities report an improper use of it, where unusual traffic is recorded, such as, for example, to special non geographical numbers, numbers connected to services which involve self top-up mechanisms or cashback or with other benefits or in the case of a use of the Service which has a commercial character or which is against the law or the Contract. The scheduled interruptions of the Service for ordinary maintenance will be communicated to the Customer in advance.
6.4 Tiscali may terminate the Contract in accordance with article 1456 of the Italian Civil Code, by written communication sent even by fax or email, if the Customer uses the Service: (i) in a way which alters its characteristics and/or the tariff profile, (ii) in breach of the obligations contained in articles 2, 3, 6. This is without prejudice to the right of Tiscali to enforce the accrued consideration for the Service provided, as well as compensation for greater damages.
7.1 All postal correspondence must be sent by the Customer to Tiscali Italia S.p.A. – Customer Services, Località Sa Illetta S.S. 195 km 2,300 – 09123 - Cagliari. The online support service will also be available at the web address indicated by Tiscali.
7.2 2 Correspondence to the Customer will be sent to the contact details on the application form. Tiscali reserves the right to send communications by email to the address provided by the Customer.
8 Events relating to the Contract
8.1 Tiscali may change the Contract at any time by informing the Customer in writing, by any means, with 30 days’ notice, in case the Contract contains penalising conditions for the Customer. This is without prejudice to the right of the Customer to withdraw from the Contract by using the forms and terms stated in this Contract within the following 30 days. Once that term has passed, the changes will be considered as accepted by the Customer. The Customer may not transfer the Contract.
9. Applicable law and jurisdiction
9.1 The Contract and the obligations deriving from it are entirely subject to Italian law even if carried out completely or partly abroad. For any dispute relating to the interpretation or execution of this contract the Court where the Customer, if a consumer, is resident or has elected domicile will have jurisdiction. If, having looked at the actual use of the Service, the Customer is not, in accordance with the applicable regulations, a Consumer, the Court of Cagliari will have jurisdiction.
9.2 The Customer which claims the violation of one of his rights or interests and intends to take legal action, must first make an obligatory attempt at conciliation, according to what is stated in Resolution no. 173/07/CONS of the Italian Communications Authority and in the Service Charter. 10. Special conditions for USA Users.
10.1 When you opt-in to indoona Service inserting your number in the application, we will send you an SMS message to confirm your signup.You will receive 1message containing the Pin to activate the client
10.2 You can cancel the SMS notices by indoona at any time. Just text "STOP" to 86426. After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. Message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
10.3 If at any time you forget what keywords are supported, just text "HELP" to 86426. After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
10.4 Participating carriers: AT&T, Ntelos, U.S. Cellular, Verizon Wireless, T Mobile, CBW and Alltel.
10.5 For all questions about the services provided by this short code, you can send an email to email@example.com
11.2 Without prejudice to clause 3, with exclusive reference to Indoona app purchased in Windows Marketplace, Tiscali will prompt Customer to authenticate to allow a commerce transaction to be accomplished
Information sheet pursuant to Italian Legislative Decree no. 196 of 30 June 2003, on the protection of personal data.
For the purposes connected to the provision of the indoona Service, Tiscali Italia S.p.A. with single shareholder, with registered office in Cagliari, S.S. 195 - Km 2300, hereinafter referred to as Tiscali, processes the data provided by customers, or in any case acquired during the execution of the Service.
The data controller is Tiscali in the person of its pro tempore legal representative. The list of data processors and third parties recipients of communications is available from the Tiscali offices.
The processing of the personal data which you have provided to Tiscali, including your address book, takes place according to procedures which are suitable for protecting your confidentiality and for purposes connected to, instrumental to and necessary for the provision of the indoona service as well as the traceability of your telephone number within the indoona service contacts network.
Tiscali adopts the technical/organisational precautions required by law to protect your personal data and the traffic data provided or collected. The personal data and the traffic data are accessible only by the authorised staff or by the entities within the Tiscali group which need to access the data in exercising their functions. In particular, the data processing, as well as the purposes connected to, instrumental to and necessary for the provision of the service, will also have the purpose of communicating the data to companies which carry out functions which are necessary for or instrumental to the operation of the service and/or managing data banks aimed at the protection of the credit risks.
The granting of the consent for the processing of your personal data by the User is optional. If the personal data processing in letter b) is refused, the processing will be limited to the overall execution of the obligations deriving from the provision of the Service, as well as the fulfilment of the obligations required by law, regulations and EU legislation. If the personal data processing in letter a) is refused, the Company will be unable to provide the Service.
Without prejudice to the above, Tiscali will not assign any ownership of your data to third parties without your explicit consent, except where imposed by the regulations in force and/or requested by the competent authorities.
The processing of the User’s data for the purposes shown above will take place mainly with automated and computerised methods, which will also be in compliance with the rules of confidentiality and security stated by the law. The data will be stored for the legal time limit at Tiscali and processed by employees and/or professionals appointed by it, who will carry out the above-mentioned activities under its direct supervision and responsibility. For that purpose, the data communicated by the User may be transmitted to external parties, including abroad, which carry out functions which are strictly connected and instrumental to the operation of the Service.
Indoona app receives the location of a user’s mobile device. In case Indoona app is purchased from Windows Marketplace, location is determined using the Microsoft Location Service Api.
Customer has a full control at any time over the use and sharing of location data.
Tiscali provides in-app settings that allow Customer to enable and disable app’s access to and use of location.
Tiscali requests location and retain and use location data only as necessary to deliver the location-aware features Indoona app provides to users.
Over time, changes could be made to this Information Sheet, therefore we advise you to periodically consult this document. Tiscali will inform you of the changes made by publishing the updated privacy information sheet on www.indoona.com/info/terms.
We remind you that you may exercise the rights in article 7 of Italian Legislative Decree 196/2003 writing to Tiscali Italia S.p.A. lo. Sa Illetta km 2300 Cagliari 09123 – Complaints Office.